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InterConnect Newsletter - Q3 2024

We are now in the era of freedom of contract in the logistics arena. While contracts provide many protections to contracting parties, they can also be used offensively, to affirmatively protect legal rights. There are many...more

Logistics on the Offensive: Using Contractual and Common Law Rights as a Sword

We are now in the era of freedom of contract in the logistics arena. While contracts provide many protections to contracting parties, they can also be used offensively, to affirmatively protect legal rights. ...more

A Broker Nuclear Verdict Reversal! (And a Very Good Year [In the Courts] for Brokers)

Suffice it to say that the past year has been a very good year for brokers; in the courts, that is! While there have been several very favorable preemption decisions across the country, the preemption doctrine is not...more

InterConnect Newsletter - Q2 2024

The U.S. Department of Transportation is seeking input from industry stakeholders on the role of artificial intelligence in the supply chain. The DOT’s Advanced Research Projects Agency – Infrastructure is one of many federal...more

An Act of God Carve-Out Survives in Cargo Litigation, in The High Tech Era

Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more

InterConnect Newsletter - Q1 2024

Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more

InterConnect Newsletter - Summer 2023

Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more

Sunshine On My Shoulder: Reptile Smiting in the Sunshine State

Reptile theory litigation tactics and commensurate nuclear verdicts have become a recurring problem for motor carriers, transportation brokers, and now, even shippers in high-stakes, catastrophic casualty litigation. There...more

InterConnect Newsletter - Spring 2023

In Ohio, the nation’s capital, and across the country, legislators have taken action in response to the Norfolk Southern train derailment that occurred in East Palestine, Ohio, on February 3. Here are the top three things to...more

The Check’s in the Mail - But, Are We Done Now?

The shipment of goods through various complicated shipment schematics, in conjunction with commercial situations by which transportation and logistics contracting parties have ongoing relationships, often involves a series of...more

InterConnect Newsletter - Fall 2022

The growing prevalence of supply chain sustainability and related environmental, social, and governance (ESG) principles signals a shift requiring attention. Despite some vocal holdouts across the supply chain, the speed of...more

Keeping the Empire Intact: Five Critical Operational Tips on Preventing Nuclear Verdicts

​​​​​​​Nuclear verdicts in catastrophic motor vehicle accidents litigation (and even not so catastrophic accidents) have been proliferating for motor carriers (and brokers) for the past several years, with no immediate letup...more

Shutting Down the Texas Roadhouse Verdict Party (in part); The Texas Legislature Takes Aim at Nuclear Verdicts

As many are aware, the Nuclear Verdict phenomenon (a “nuclear verdict” is described as a verdict of $10 million or more) - by which plaintiffs’ personal injury counsel, propagating a sophisticated yet simultaneously...more

Government Gone Wild! Part 2: New Deadlines are Approaching for California Warehouse Owners & Operators

On February 23, 2021, Benesch published an article on titled Government Gone Wild! Another First-Of-Its-Kind Regulations Targets the Logistics Industry. The article examined California’s South Coast Air Quality Management...more

Revisiting Shipper/Carrier Liability to Third Parties for Injury Caused by Allegedly Improperly Loaded Freight

The possibility of a shipper being found liable to a third party who is injured by allegedly improperly loaded freight is an evolving one. Historically, the onus of responsibility, and liability, for loading freight has been...more

Federal Judge Enjoins New Prop 65 Lawsuits for Acrylamide in Food: Requiring A Cancer Warning In the Face of Scientific...

On March 30, 2021, a California federal district court issued a preliminary injunction prohibiting anyone - including the California Attorney General - from filing or prosecuting any new lawsuit to enforce the Proposition 65...more

Using Contractual Rights as a Sword to Protect Your Interests in Uncertain Times

As many in the industry are aware, we are now in, and have been for over a decade, the era of the transportation contract. More and more shipments, shipment schematics, and overall transportation relationships are governed by...more

InterConnect Newsletter - Fall 2020

One effect of the COVID-19 pandemic is the renewed need for transportation providers to consider strengthening operating platforms by expanding into new markets, integrating new offerings or adjacent services, or growing the...more

Don’t Text on Me! Avoiding TCPA Liability for Texting Drivers, Customers and Employees in the COVID Era

Even prior to the COVID era, the transportation and logistics industry was seeing an increased prevalence of instantaneous technological contact, via texts, for all types of logistics protocols and practices. Transportation...more

InterConnect Newsletter - Summer 2020

July 1, 2020, will mark the official start of the long-heralded United State Mexico-Canada Agreement (USMCA) as it replaces the 1994 North American Free Trade Agreement (NAFTA). The USMCA will modernize free trade between...more

ATDS, WTF? Where Are We On The TCPA’s Autodialer Decision

The Telephone Consumer Protection Act (TCPA) provides a (deceptively?) simple definition of an Automatic Telephone Dialing System (ATDS): The term “automatic telephone dialing system” means equipment which has the capacit...more

Manage Today, Prepare for Tomorrow: Post COVID-19 Litigation

There will likely be a massive amount of litigation in the Transportation & Logistics industries in the post- COVID-19 world. Some of the lawsuits will be legitimate and others will be frivolous but both come with a cost: in...more

InterConnect Newsletter - Spring 2020

Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more

FMCSA Issues Emergency Declaration Regarding Safety Regulations for COVID-19 Response

The Federal Motor Carrier Safety Administration (“FMCSA”) has issued an Emergency Declaration for motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks.  The...more

InterConnect FLASH! No. 79 - Mr. AB-5 Goes to Washington - And Brings A Lot of Baggage! (The Assault on the IC Citadel Continues)

Introduction: The PRO Act Overall - Early last week, the U.S. House of Representatives passed the “Protecting the Right to Organize Act,” H.R.2474 (“PRO Act”), which would fundamentally shift various important...more

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